Gates Ex Rel. Gates v. Eller

BOUDREAU, Justice:

1 This is an appeal from an order granting summary judgment in favor of the uninsured motorist insurer. The dispositive question is: Did the motor vehicle operated by the tortfeasor, for which there was an effective automobile liability insurance policy in an amount greater than the damages claimed, become an uninsured motor vehicle under 36 O0.S$.Supp.1994, § 36836 when the plaintiffs did not timely commence an action against the tortfeasor? We answer in the negative and, accordingly affirm the trial court's summary judgment.

I. BACKGROUND

[ 2 On November 19, 1994, the…